Case 2:23-cv-00424-JRG Document 31-1 Filed 12/18/23 Page 1 of 6 PageID #: 199
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Case No. 2:23-cv-424-JRG
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`§
`UNM RAINFOREST INNOVATIONS
`§
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`§
`v.
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`§
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`TOYOTA MOTOR NORTH AMERICA, §
`§
`INC., ET AL
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`DOCKET CONTROL ORDER
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`In accordance with the scheduling conference held in this case, it is hereby ORDERED
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`that the following schedule of deadlines is in effect until further order of this Court:
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`May 19, 2025
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`7 days before Jury
`Selection
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`*Defendant to disclose final invalidity theories, final prior art
`references/combinations, and final equitable defenses with notice of
`the same filed with the Court. 1
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`10 days before Jury
`Selection
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`*Plaintiff to disclose final election of Asserted Claims with notice of
`the same filed with the Court.2
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`April 21, 2025
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`* If a juror questionnaire is to be used, an editable (in Microsoft Word
`format) questionnaire shall be jointly submitted to the Deputy Clerk
`in Charge by this date.3
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`April 14, 2025
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`*Pretrial Conference – 9:00 a.m. in Marshall, Texas before Judge
`Rodney Gilstrap
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`1 The proposed DCO shall include this specific deadline. The deadline shall read, “7 days before
`Jury Selection,” and shall not include a specific date.
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`2 Given the Court’s past experiences with litigants dropping claims and defenses during or on the
`eve of trial, the Court is of the opinion that these additional deadlines are necessary. The proposed
`DCO shall include this specific deadline. The deadline shall read, “10 days before Jury Selection,”
`and shall not include a specific date.
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`3 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in
`Advance of Voir Dire.
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`Exhibit 1031
`Panasonic v. UNM
`IPR2024-00364
`Page 1 of 6
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`

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`Case 2:23-cv-00424-JRG Document 31-1 Filed 12/18/23 Page 2 of 6 PageID #: 200
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`April 7, 2025
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`April 7, 2025
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`March 31, 2025
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`March 24, 2025
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`March 24, 2025
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`March 17, 2025
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`March 3, 2025
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`February 24, 2025
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`*Notify Court of Agreements Reached During Meet and Confer
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`The parties are ordered to meet and confer on any outstanding
`objections or motions in limine. The parties shall advise the Court of
`any agreements reached no later than 1:00 p.m. three (3) business
`days before the pretrial conference.
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`*File Joint Pretrial Order, Joint Proposed Jury Instructions, Joint
`Proposed Verdict Form, Responses to Motions in Limine, Updated
`Exhibit Lists, Updated Witness Lists, and Updated Deposition
`Designations
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`*File Notice of Request for Daily Transcript or Real Time Reporting.
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`If a daily transcript or real time reporting of court proceedings is
`requested for trial, the party or parties making said request shall file
`a notice with the Court and e-mail the Court Reporter, Shawn
`McRoberts, at shawn_mcroberts@txed.uscourts.gov.
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`File Motions in Limine
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`The parties shall limit their motions in limine to issues that if
`improperly introduced at trial would be so prejudicial that the Court
`could not alleviate the prejudice by giving appropriate instructions to
`the jury.
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`Serve Objections to Rebuttal Pretrial Disclosures
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`Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
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`Serve Pretrial Disclosures (Witness List, Deposition Designations,
`and Exhibit List) by the Party with the Burden of Proof
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`*Response to Dispositive Motions (including Daubert Motions).
`Responses to dispositive motions that were filed prior to the
`dispositive motion deadline, including Daubert Motions, shall be due
`in accordance with Local Rule CV-7(e), not to exceed the deadline
`as set forth in this Docket Control Order.4 Motions for Summary
`Judgment shall comply with Local Rule CV-56.
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`4 The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to
`oppose a motion in the manner prescribed herein creates a presumption that the party does not
`controvert the facts set out by movant and has no evidence to offer in opposition to the motion.”
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`- 2 -
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`Exhibit 1031
`Panasonic v. UNM
`IPR2024-00364
`Page 2 of 6
`
`

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`Case 2:23-cv-00424-JRG Document 31-1 Filed 12/18/23 Page 3 of 6 PageID #: 201
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`February 10, 2025
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`February 10, 2025
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`*File Motions to Strike Expert Testimony (including Daubert
`Motions)
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`No motion to strike expert testimony (including a Daubert motion)
`may be filed after this date without leave of the Court.
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`*File Dispositive Motions
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`No dispositive motion may be filed after this date without leave of
`the Court.
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`Motions shall comply with Local Rule CV-56 and Local Rule CV-7.
`Motions to extend page limits will only be granted in exceptional
`circumstances. Exceptional circumstances require more than
`agreement among the parties.
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`February 3, 2025
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`Deadline to Complete Expert Discovery
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`January 21, 2025
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`Serve Disclosures for Rebuttal Expert Witnesses
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`December 20, 2024
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`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
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`December 20, 2024
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`Serve Disclosures for Expert Witnesses by the Party with the Burden
`of Proof
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`December 5, 2024
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
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`November 14, 2024
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`*Claim Construction Hearing – 9:00 a.m. in Marshall , Texas before
`Judge Rodney Gilstrap
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`October 31, 2024
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
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`October 24, 2024
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`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
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`October 17, 2024
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`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
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`October 3, 2024
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`Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and
`Submit Technical Tutorials (if any)
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`Good cause must be shown to submit technical tutorials after the
`deadline to comply with P.R. 4-5(a).
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`If the deadline under Local Rule CV 7(e) exceeds the deadline for Response to Dispositive
`Motions, the deadline for Response to Dispositive Motions controls.
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`- 3 -
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`Exhibit 1031
`Panasonic v. UNM
`IPR2024-00364
`Page 3 of 6
`
`

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`Case 2:23-cv-00424-JRG Document 31-1 Filed 12/18/23 Page 4 of 6 PageID #: 202
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`October 3, 2024
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`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
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`Counsel are expected to make good faith efforts to produce all
`required documents as soon as they are available and not wait until
`the substantial completion deadline.
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`September 19, 2024
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`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
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`September 12, 2024
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`File Response to Amended Pleadings
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`August 29, 2024
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`*File Amended Pleadings
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`It is not necessary to seek leave of Court to amend pleadings prior to
`this deadline unless the amendment seeks to assert additional patents.
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`August 22, 2024
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`Comply with P.R. 4-3 (Joint Claim Construction Statement)
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`August 1, 2024
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`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
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`July 11 ,2024
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`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
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`January 29, 2024
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`Comply with Standing Order Regarding Subject-Matter Eligibility
`Contentions5
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`January 29, 2024
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`Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
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`December 26, 2023
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`December 18, 2023
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`*File Proposed Protective Order and Comply with Paragraphs 1 & 3
`of the Discovery Order (Initial and Additional Disclosures)
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`The Proposed Protective Order shall be filed as a separate motion
`with the caption indicating whether or not the proposed order is
`opposed in any part.
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`*File Proposed Docket Control Order and Proposed Discovery Order
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`The Proposed Docket Control Order and Proposed Discovery Order
`shall be filed as separate motions with the caption indicating whether
`or not the proposed order is opposed in any part.
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`December 11, 2023
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`Join Additional Parties
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`5_http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20
`Re%20Subject%20Matter%20Eligibility%20Contentions%20.pdf
`[https://perma.cc/RQN2-
`YU5P]
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`- 4 -
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`Exhibit 1031
`Panasonic v. UNM
`IPR2024-00364
`Page 4 of 6
`
`

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`Case 2:23-cv-00424-JRG Document 31-1 Filed 12/18/23 Page 5 of 6 PageID #: 203
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`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`November 30, 2023
`(*) indicates a deadline that cannot be changed without an acceptable showing of good
`cause. Good cause is not shown merely by indicating that the parties agree that the
`deadline should be changed.
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`ADDITIONAL REQUIREMENTS
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`Mediation: While certain cases may benefit from mediation, such may not be appropriate
`for every case. The Court finds that the Parties are best suited to evaluate whether mediation will
`benefit the case after the issuance of the Court’s claim construction order. Accordingly, the Court
`ORDERS the Parties to file a Joint Notice indicating whether the case should be referred for
`mediation within fourteen days of the issuance of the Court’s claim construction order. As a
`part of such Joint Notice, the Parties should indicate whether they have a mutually agreeable
`mediator for the Court to consider. If the Parties disagree about whether mediation is appropriate,
`the Parties should set forth a brief statement of their competing positions in the Joint Notice.
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`Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert
`Motions: For each motion, the moving party shall provide the Court with two (2) hard copies of
`the completed briefing (opening motion, response, reply, and if applicable, sur-reply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. These copies shall be delivered to the Court within three (3)
`business days after briefing has completed. For expert-related motions, complete digital copies of
`the relevant expert report(s) and accompanying exhibits shall be submitted on a single flash drive
`to the Court. Complete digital copies of the expert report(s) shall be delivered to the Court no later
`than the dispositive motion deadline.
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`Indefiniteness: In lieu of early motions for summary judgment, the parties are directed to
`include any arguments related to the issue of indefiniteness in their Markman briefing, subject to
`the local rules’ normal page limits.
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`Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides that
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`“[o]n the first appearance through counsel, each party shall designate a lead attorney on the
`pleadings or otherwise.” Additionally, once designated, a party’s lead attorney may only be
`changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining from the Court
`an Order granting leave to designate different lead counsel. The true lead counsel should be
`designated early and should not expect to parachute in as lead once the case has been largely
`developed.
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`Motions for Continuance: The following will not warrant a continuance nor justify a
`failure to comply with the discovery deadline:
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`The fact that there are motions for summary judgment or motions to dismiss pending;
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`(a)
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`(b)
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`The fact that one or more of the attorneys is set for trial in another court on the same day,
`unless the other setting was made prior to the date of this order or was made as a special
`provision for the parties in the other case;
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`- 5 -
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`Exhibit 1031
`Panasonic v. UNM
`IPR2024-00364
`Page 5 of 6
`
`

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`Case 2:23-cv-00424-JRG Document 31-1 Filed 12/18/23 Page 6 of 6 PageID #: 204
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`(c)
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`The failure to complete discovery prior to trial, unless the parties can demonstrate that it
`was impossible to complete discovery despite their good faith effort to do so.
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`Amendments to the Docket Control Order (“DCO”): Any motion to alter any date on
`the DCO shall take the form of a motion to amend the DCO. The motion to amend the DCO shall
`include a proposed order that lists all of the remaining dates in one column (as above) and the
`proposed changes to each date in an additional adjacent column (if there is no change for a date
`the proposed date column should remain blank or indicate that it is unchanged). In other words,
`the DCO in the proposed order should be complete such that one can clearly see all the remaining
`deadlines and the changes, if any, to those deadlines, rather than needing to also refer to an earlier
`version of the DCO.
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`Proposed DCO: The Parties’ Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
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`Joint Pretrial Order: In the contentions of the Parties included in the Joint Pretrial Order,
`the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial. The Plaintiff
`shall also specify the nature of each theory of infringement, including under which subsections of
`35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided infringement or
`infringement under the doctrine of equivalents. Each Defendant shall indicate the nature of each
`theory of invalidity, including invalidity for anticipation, obviousness, subject-matter eligibility,
`written description, enablement, or any other basis for invalidity. The Defendant shall also specify
`each prior art reference or combination of references upon which the Defendant shall rely at trial,
`with respect to each theory of invalidity. Other than as set forth in the above deadlines, the
`contentions of the Parties may not be amended, supplemented, or dropped without leave of the
`Court based upon a showing of good cause. The Parties in a case which has been consolidated for
`pre-trial purposes and which is moving towards a separate trial on the merits (subsequent to pre-
`trial) shall file, as an exhibit to the parties’ Joint Pretrial Order, a list identifying all docket entries
`from the lead case that relate to the applicable member case.
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`Trial: All parties must appear in person at trial. All non-individual (including but not
`limited to corporate) parties must appear at trial through the presence in person of a designated
`representative. Once they have appeared, any representative of a non-individual party shall not be
`replaced or substituted without express leave of Court.
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`- 6 -
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`Exhibit 1031
`Panasonic v. UNM
`IPR2024-00364
`Page 6 of 6
`
`